Sarva Haryana Private School Trust v. State Of Haryana And Others

Sarva Haryana Private School Trust v. State Of Haryana And Others

(High Court Of Punjab And Haryana)

CWP-11632-2021 | 05-07-2021

1. Learned counsel for the petitioner inter alia submits that order dated 10.03.2021 directing the District Education Officers etc. to make admissions of students in Government schools without School Leaving Certificate is contrary to Rules 136(5) and 139(1) of the Haryana Education Rules, 2003. No recognized school can admit a student from another recognized school without School Leaving Certificate. As a result, the private unrecognized schools are suffering financially.

2. Notice of motion.

3. Mr. R.K.S. Brar, Addl. A.G. Haryana accepts notice on behalf of the respondents and waives service and submits that Rule 194-A of the 2003 Rules permits the State Government to issue directions permitting a school to admit students without School Leaving Certificate. A perusal of the said Rule, prima facie, does not grant any such powers. He also submits that an identical matter i.e. CWP-8729-2020 is pending for 28.10.2021.

4. Adjourned to 28.10.2021.

5. To be heard along with CWP-8729-2020.

6. Meanwhile, operation of communication dated 10.03.2021 (Annexure P-7) shall remain stayed.

Advocate List
Bench
  • HON'BLE MR. JUSTICE SUDHIR MITTAL
Eq Citations
  • LQ/PunjHC/2021/5797
Head Note

Constitution of India — Arts. 226 and 136 — Public Interest Litigation — PIL for stay of order of State Government directing admission of students in Government schools without School Leaving Certificate — Stay of operation of communication dated 10.03.2021, granted